1 2025:CGHC:36399-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 425 of 2025 Nikhil Banjare, S/o Ram Kumar Banjare, Aged About 25 Years R/o House No. 1, Satnami Para, Telikot, Tahsil - Kharsia, District - Raigarh, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, New Raipur, District - Raipur, Chhattisgarh. 2 - Director General Of Police, Police Headquarters, Raipur, District - Raipur, Chhattisgarh. 3 - Superintendent Of Police - Raigarh, District - Raigarh, Chhattisgarh. 4 - Station House Offfice - Kharsia, District- Raigarh, Chhattisgarh. 5 - Amit Yadav, Post - Business Advisor, M/s MFINS Service Private Ltd. (A Company Incorporated Under The Companies Act, 1956/2013), Having Registered Office At MFINS Service Pvt. Ltd. T-14, 3rd Floor, Sej Plaza, Marve Road, Near Nutan School, Malad West, Mumbai, Maharashtra, Pin- 400064 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.07.29 10:39:10 +0530 2 6 - Director, M/s MFINS Service Private Ltd. (A Company Incorporated Under The Companies Act, 1956/2013), Having Registered Office At MFINS Service Pvt. Ltd. T-14, 3rd Floor, Sej Plaza, Marve Road, Near Nutan School, Malad West, Mumbai, Maharashtra, Pin- 400064 ... Respondent(s) (Cause title is taken from CIS) For Petitioner : Mr. Ravi Kumar Bhagat, Advocate. For Respondents/State : Mr. Shashank Thakur, Dy. A. G. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 28.07.2025 1. Heard Mr. Ravi Kumar Bhagat, learned counsel for the petitioner. Also heard Mr. Shashank Thakur, Dy. A. G. appearing for the respondents/State. 2. The present writ petition has been filed by the petitioner with the following prayers: “10.1 This Hon'ble Court may kindly be pleased to directed the respondent No. 2, 4 and 5 to call relevant records, pertaining to the instant matter. 10.2 Issue a writ of Mandamus or any other appropriate writ or direction, directing the Respondents No. 3 and 4 to forthwith register an FIR 3 against Respondents No. 5 and 6 under appropriate sections including Section 420 IPC and to conduct a fair and proper investigation in accordance with law; 10.3 Any other relief, which this Hon'ble Court deems, fit in the facts and circumstances may also be granted in favor of the petitioner.” 3. Learned counsel for the petitioner would submit that this petition has been filed by the petitioner against the inaction on the part of the respondents-authorities not registering of FIR against the respondents No. 5 and 6 who have committed fraud to the petitioner by assuring investment of Money and quick return towards investment within a day. He submits that the petitioner has approached respondent No. 5 personally and requested him to refund his money i.e. Rupees Rs. 90,000/-, but he has not bothered to repay the amount although they put up some conditions to return the money. He further submits that even after fulfillment of conditions of private respondents, they have thrown out the petitioner from their office premises and threatened him. The petitioner narrated the entire story of fraud committed to him to his family and thereafter approached the Concerned Police Station by filing a complaint. He submits that the police has refused to take down petitioner’s Written Complaint. Till date, the police authorities have not taken any steps to register Complaint / First Information Report (F.I.R.) against the respondents No. 5 and 6. Hence, this petition. 4. Learned State counsel, on the other hand, submitted that the 4 grievance of the petitioner can be very well redressed before the Court below by filing an application under Section 156(3) or 200 of the Cr.P.C. (now, under Section 175(3) or under Section 223 of Bharatiya Nagarik Suraksha Sanhita, 2023). He further submits that the controversy involved in the present matter has already been decided by the High Court of Allahabad in Misc. Bench No. 24492 of 2020 : Waseem Haider vs. State of U.P. Through Principal Secretary, Home Others vide judgment and order dated 14.12.2020 as well as by this Court in WPCR No. 333 of 2020 (Akhilesh Agrawal vs. State of Chhattisgarh & Others) decided on 12.04.2023, dismissing the said petition, hence, the present petition be also dismissed in terms of the said order. 5. Accordingly, the present writ petition is dismissed with a liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S. Bhilwar/ Jyoti